Hot Topics:

Martel case cited as impetus for tougher domestic violence bill

The Lowell Sun

Posted:
04/01/2014 04:20:49 PM EDT

By Colleen Quinn

STATE HOUSE NEWS SERVICE

STATE HOUSE -- Domestic violence legislation unveiled Tuesday by House leaders would stiffen penalties for abusers, makes strangulation a felony, and educate judges and prosecutors about cycles of abuse to help them make more informed bail and sentencing decisions, Speaker Robert DeLeo and Attorney General Martha Coakley said during a press conference.

DeLeo said the murder of Jennifer Martel last summer, allegedly by her boyfriend Jared Remy, sparked his desire to look at state laws surrounding domestic violence and restraining orders.

"What we have in this legislation in terms of strengthening awareness of domestic violence, I would be pretty much surprised if the Jared Remys of the world would be allowed to walk as they have in the past," DeLeo told reporters after outlining a bill he plans to bring to the House floor next Tuesday.

Remy, son of Red Sox announcer Jerry Remy, is accused of murdering Martel the night after being arraigned in Waltham District Court on assault charges for slamming her face into a mirror. Prior to the murder, Martel did not appear in court to renew an emergency restraining order, and Remy had been released on personal recognizance.

DeLeo said the bill represents "some of the strongest, most comprehensive domestic violence legislation in at least a generation.

Advertisement

"

"This bill was born out of a tragedy. Following a shocking crime, I didn't know how I could just sit back as a speaker, a father, a man, and not do everything I could to stop such senseless acts of violence," DeLeo said.

"Almost unique with domestic violence, there are indicators; there are patterns. As so many folks I spoke to in preparing this bill said, it is preventable. And that was the key word that stuck with me throughout this whole process, that many of these acts are preventable," he added.

Last fall, DeLeo and Coakley traveled the state visiting anti-domestic violence programs to study to the problem and search for solutions that could be employed statewide. They spoke with prosecutors, advocates and victims.

The legislation would give prosecutors more tools to keep victims safe, Coakley said, including delaying the issuance of bail for offenders to provide victims with time to plan for their safety, and authorizing the revocation of bail in certain cases.

Prosecutors in the Remy case were criticized after Martel's murder for not pursuing charges against him more aggressively in light of his violent history. Coakley said Remy's case was an example of a system "that far too long allowed serial abusers to escape punishment or any consequences, and frankly has been unfair to victims."

Coakley fended off criticism about defending Middlesex District Attorney Marian Ryan in the wake of the Remy case. In a press release issued Tuesday, Republicans said Coakley, who is running for governor, called criticisms of Ryan and demands for her resignation "utterly ridiculous" after the murder.

"I made comments when asked about the role of the district attorney and the role of the prosecutor in those cases," Coakley said today. "We know there were a lot of things that went wrong in this case. But this was a case that indicated to us where there were gaps in the system around information that is available to prosecutors and judges."

The legislation would address the serial abuser, Coakley said, and will help law enforcement better understand the dynamics of power and abuse involved in domestic violence cases.

"I hope that this conversation after this horrific case involving the death of Jennifer Martel will allow us to make these changes, not just because of that one case, but because unfortunately that case is too emblematic of issues and problems we have seen in the system for a long period of time. The truth is the circumstances surrounding Jennifer Martel's death are all too common," Coakley said.

Coakley said the legislation will help those who are living in fear. "We can do better, and we will do better," she said.

The legislation introduced Tuesday creates a first offense domestic violence assault and battery charge that aims to help prosecutors and judges contextualize charges so they can take appropriate action to protect domestic violence victims, according to Coakley.

Maureen Gallagher, policy director for Jane Doe Inc., said those who work with victims appreciate the additional training for judges and prosecutors called for in the bill, as well as the creation of domestic violence assault and battery first offense charge. Domestic violence second offense already exists within state statute with enhanced penalties. But a first offense did not exist, Gallagher said.

"Without the first offense, that has been really ineffective," she said, adding prosecutors have been unable to use the second offense charge.

"These particular crimes outside the context of domestic violence may seem to a judge who doesn't know that power balance, or the way that power is abused, may seem like misdemeanors or not important. But those of us who worked in the system for a long time know otherwise," she said.

The legislation also standardizes the information available to prosecutors and judges so they are more aware of the violent history of a defendant, according to Coakley.

"Having that information about the entire background of a defendant is incredibly important. And as we update those records and we require that, that will allow judges and prosecutors to make better recommendations and better decisions about the safety of the victim and the safety of the public when it matters most," she said.

The bill mandates further training for judges and law enforcement to help them understand abuse and signs of escalating violence. Several district attorneys from attended the press conference, including Essex County District Attorney Jonathan Blodgett, Cape and Islands DA Michael O'Keefe, Worcester DA Joseph Early Jr., Suffolk DA Daniel Conley, and Middlesex DA Ryan.

After the press conference, Conley told reporters he thinks the first offense of domestic violence assault is an important change that will help victims.

DeLeo said he plans to have House lawmakers debate the bill next week, and is confident it will pass.

The Senate passed a comprehensive domestic violence bill (S 1897). DeLeo said there are similarities between the Senate bill and the legislation he and Coakley crafted. The bill will not receive a public hearing, a DeLeo aide said, and is expected to materialize as a redraft of an unspecified bill currently in the House Ways and Means Committee.

ODESSA, Texas (AP) — A West Texas man has been charged with impersonating an officer by using sirens and flashing lights to skip to the head of the drive-thru line at a fast-food restaurant. Full Story

Sufjan Stevens, "Carrie & Lowell" (Asthmatic Kitty) Plucked strings and pulsing keyboards dominate the distinctive arrangements on Sufjan Stevens' latest album, and in the absence of a rhythm section, they serve to keep time. Full Story